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Covenant Regarding Real Property 2021-0399429RECORDING REQUEST BY: ) CITY OF POWAY ) WHEN RECORDED MAIL TO: ) ) CITY CLERK ) CITY OF POWAY ) P 0 BOX 789 ) POWAY CA 92074-0789 ) ) DOC# 2021-0399429 IEEE II III 1111 111111111111111 11111 11111 11111 11111 11111 I I 1 111 111 May 27, 2021 09:05 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $23.00 (SB2 Atkins: $0.00) (This space for Recorder's Use) PAGES: 4 APN: 321-180-98-00 COVENANT REGARDING REAL PROPERTY Tony L. and Heather Betancourt ("OWNER" hereinafter) are the owners of certain real property located in the City of Poway, California, more particularly described as Parcel 2 of Parcel Map number 20947, as filed in the County of San Diego, State of California in the office of the County Recorder of San Diego County, January 24, 2012 and which is commonly known as 14052 Iris Lane ("PROPERTY" hereinafter). In accordance with the City of Poway's Grading Ordinance, OWNER hereby agrees to not develop, grade or build any structure in the area of Parcel 2 where uncertified fill was placed as shown on EXHIBIT "A". The City of Poway ("CITY" hereinafter) agrees to allow the uncertified fill to remain on Parcel 2 instead of remediation and restoration to original topography. If OWNER wants to develop, grade or build any structure in the area of Parcel 2 where uncertified fill was placed in the future, OWNER must obtain certification of fill material and proper compaction of material by a licensed geotechnical engineer, provide such certification to CITY, and obtain approval by CITY prior to development. This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event of litigation to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, including reasonable attorneys' fees, from the other party. OWNER: Dated: 5/Y -2-o2/ Dated: -5---/r - Dated: 5/241 By: By: Tony L. court, Owner Heather Betancourt, Owner (Signatures Must Be Notarized) CITY OF P. AY By: Rd/b/ J. Manis,LDire tor Devt lopfnent Services CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :Vf.'. W' 91 9... p- 9 - Ve.- W w- 91.., 9,, p: A'. 9\ Q>... 9f 9A Vf- 61.. 4f. 1A. 9. 9. 9f 9, V,., 6, 16..- p-. 6. 9,, V,-....- V\.., Vf 9a.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Stafe of California County of — /...)/r1 -1j 62 On O$ / V a. V 2 ( before me, 1--'C�24///S /94./ /A. Notary Public, Date - Here Insert Nape and Title of the Officer personally appeared -/ 1 'y 4 TA/Win/m-7- 'u -A/6477- 2 , 3L 7-Ave'Gw/ -A 7 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and c DENNIS BUTTS Notary Public - California San Diego County Commission ti 2211018 My Comm. Expires Jan 11, 2023 Place Notary Seal Above WITN Si OPTIONAL Signature o Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: C 01/ti,A7 /' )' Vi r.7.0 l'fr,qc. 2U Of 447 / Document Date: ) NumberofPages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Signer's Name: •ie .41V b/.•b:.- .-'er:-e+.-e+-w-&-w-w-w-w--e-w-w-w--e'-w-w-w .d: er.-e' w- a' 'd ,d,_ S'- MK 'OP 6? e", -d', d, 6, .67" .6' •ar„ b..- ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 w - "MAR � wt w.t.w.. .aa .w _v. ;aa .ia- iroVittAn.- S. • weer. a 4, w.• .;lowtAia w ....ir•_w.•.am.: -_w. •_ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On May 24, 2021 before me, ) Yvonne Mannion Notary Public, Date Here Insert Name and Title of the Officer personally appeared Robert J. Manis Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. YVONNE MANNION Notary Public - California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Yv�Al2 _ Cti'l.c6.i Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Covenant Regarding Real Property APN:321-180-98-00 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): 0 Partner — ❑ Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee ❑ Guardian or Conservator 0 Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 14002 14014 14000 1- 20 14145 Dollar; Cir 14117 Print Date: 3/11/2021 14019 14!13 ��lr r•._ 14025 14020 EXHIBIfAt" 14052 Iris Lane A.P.N. 321-180-98 14044 Map Scale: 1 inch = 100 feet Disclaimer. Map and parcel data are believed to be accurate, but accuracy Is not guaranteed. This Is not a legal document and should not be substituted for a title search, appraisal, survey. or for zoning verification.